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17 May 2024, 3:00 am by Jim Sedor
”  Thomas’s remarks were markedly different in tone from an earlier public appearance by Justice Brett Kavanaugh, who said consistency, transparency, and mutual respect are the keys to improving public trust in the judiciary. [read post]
30 Apr 2024, 5:51 am by Albert W. Alschuler
Trump’s counsel and Justice Kavanaugh may think otherwise, but no judicial decision approves or recognizes this rule. [read post]
27 Apr 2024, 2:40 pm by Marty Lederman
 Justice Kavanaugh appeared to be the Justice who was most interested in this "clear statement" question of statutory interpretation.It's important to understand the nature of Trump's newly-interjected "clear statement" argument. [read post]
25 Apr 2024, 3:59 pm by Michael C. Dorf
*    Perhaps inspired by that non sequitur, later in the argument, Justice Kavanaugh seemed to think that flaws in an expired independent counsel law that is not the basis for Jack Smith's appointment warranted reading an extended excerpt from Justice Scalia's dissent in Morrison v. [read post]
18 Apr 2024, 6:31 am by Amy Howe
Trump cites a law review article by then-Judge Brett Kavanaugh, who before becoming a judge worked in the George W. [read post]
25 Mar 2024, 12:30 pm by Josh Blackman
At Lawfare, Jack Goldsmith (no relation to Jack Smith) and Tom Koenig offer a wonky breakdown of the Court's order. [read post]
8 Feb 2024, 2:41 pm by Mark Walsh
Kavanaugh, meanwhile, returns several times to the 1869 case. [read post]
8 Feb 2024, 2:35 pm by Yosi Yahoudai
Kavanaugh noted there was a federal statute for insurrection and that Trump had not been charged with it, although he is facing other charges from special counsel Jack Smith related to his actions after the 2020 election. [read post]
21 Dec 2023, 9:02 pm by Michael C. Dorf
Indeed, one imagines that Trump’s appointees—Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—would be especially uncomfortable about being seen as doing a favor for the man who put them where they are. [read post]
13 Nov 2023, 12:10 pm by Thomas B. Griffith
(The non-interview interview is a technique I learned from Chief Judge Garland and Justice Kavanaugh.) [read post]
2 Oct 2023, 5:55 am by Colby Galliher
Justices Brett Kavanaugh, Ketanji Brown Jackson, Sonia Sotomayor, and Elena Kagan concurred with the majority as concerned the Sacketts’ property but, pertaining to the question of the CWA’s scope, wrote in favor of Kennedy’s approach in the Rapanos case. [read post]
25 Aug 2023, 6:11 am by Neil H. Buchanan
Jack Smith prosecuting Trump leads to Donald Trump coming to power as deranged crowds bray for the imprisonment of his opponent. [read post]
8 Aug 2023, 8:11 pm by Stephen Halbrook
  Justices Thomas, Alito, Gorsuch, and Kavanaugh would have denied the application for a stay. [read post]